Sung (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Sung concerning the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the Department of Home Affairs' decision to cancel Mr Sung's visa on the grounds that he was not enrolled in a registered course, and that the purpose of his study had ceased to exist, rendering him not a genuine student.

The Tribunal was required to determine whether the Department had correctly applied the relevant legislative provisions in cancelling Mr Sung's visa. Specifically, the AAT had to assess whether Mr Sung was indeed not enrolled in a registered course and whether his purpose of study had ceased, thereby satisfying the grounds for cancellation under the *Migration Act 1958* (Cth) and associated regulations. Furthermore, the Tribunal had to consider whether, even if the grounds for cancellation were met, the Minister or their delegate had properly exercised their discretion to cancel the visa.

In its reasoning, the Tribunal found that Mr Sung had failed to maintain enrolment in a registered course as required by his visa conditions. It also concluded that the evidence indicated his genuine intention to study had ceased. Applying the principles of administrative law and migration legislation, the AAT affirmed that these findings constituted valid grounds for visa cancellation. The Tribunal further considered the exercise of discretion, finding no error in the decision to cancel the visa.

The Tribunal affirmed the decision of the Department of Home Affairs to cancel Mr Sung's visa.